1, accident responsibility
Did the victim drive a motorcycle? If the car rear-ends the motorcycle, it is basically the car's full responsibility.
If a motorcycle does not have a driver's license, it will generally be given secondary responsibility.
2. Compensation for damages.
Personal injury: Traffic police mediation can only be carried out in accordance with national standards. If the deceased is a rural hukou and works in a town. You can issue relevant fixed income certificates or work certificates to improve compensation through litigation.
With reference to the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases, the details are as follows:
1. Funeral expenses: based on the average monthly salary of employees in the last year where the Court of Appeal is located, the total amount is calculated in six months. I checked the following compensation calculation standards in Guangdong Province in 2009. It's about 20 thousand.
2. Death compensation: Death compensation is generally calculated as 20 years according to the per capita disposable income of urban residents or the per capita net income of rural residents in the previous year where the court of appeal is located. 19700X20 years = 394,000 yuan.
3. Living expenses of dependents: calculated according to per capita "expenditure". Minors are 18 years old. Ann, who is over 80 years old, counts five years. Don't exceed the maximum expenditure every year. In other words, in the first five years, children were 13 years old, 17 years old, and the elderly were 75,000 yuan. The remaining two children 13, 17, will be 75 thousand in five years. * * * 65,438+050,000.
4. Compensation for mental damage: it's hard to say, it depends on the actual situation and the court's decision.
Generally speaking, the compensation cost is between 550,000 and 600,000. Of course, the premise of this compensation is that the court will calculate the income of the city. Again, you should have proof of fixed income or proof of employment.
Please give us the most basic trust in the thorny problem you are worried about. The police can only determine your responsibility for the accident, and the damages can only be mediated. If one party doesn't agree to mediation, it can't be mediated, only once.
In this case, it is recommended to negotiate with the other party. If the other party bears the main responsibility above and constitutes a crime, he shall bear criminal responsibility. If the other party does not reach an understanding agreement with you, it is difficult for the court to sentence him to probation.
Personally, I suggest that the compensation can be more than 700 thousand according to the other party's economic situation.
If you don't understand anything, please leave your QQ and give points by the way.